SAMALIYA RAM Vs. KUSUM BAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal states as under:

(2.) The appellant/plaintiff - Samaliya Ram instituted a civil suit for declaration that he is the title holder of the whole disputed land and the order passed by the Sub Divisional Officer is illegal and, therefore, he is entitled for decree of possession and permanent injunction. He claimed title on the basis of Will executed by Suhawan Bai on 23/7/1984 vide Ex.P-1, as she was admittedly the owner of the suit property.

(3.) Defendants No. 1 & 2, by filing written statement, claimed the entire property/land stating that Suhawan Bai, being the aboriginal Tribe, had no right to execute the Will (Ex.P-1) keeping in view the provisions contained in Sec. 165 (6) of the Chhattisgarh Land Revenue Code, 1959 (henceforth "Code, 1959").